LEIN Policy Manual - Michigan Policy Manual Policy Type Access CHR Checks - Protective Service to...

LEIN Policy ManualPolicy Type Access

CHR Checks - Protective Service to Dignitaries

1/1/2002

Access to LEIN is granted for protective services pertaining to the physical protection of authorized persons (dignitaries) both foreign and domestic. This principle extends to local officials for whom protection is provided and includes record checks on personnel to be present at the site of dignitary appearances.

LEIN Operations Manual

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Policy Date

Policy

Historical Notes

LEIN Operator Requirements

1/1/2002

A LEIN operator must pass a criminal background check, including fingerprints; qualify for access under the criminal conviction policy; and pass the LEIN certification test within six months of being granted access to LEIN.

See the Michigan and Federal CJIS Security Policies for more information.

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Policy

Historical Notes

Michigan Department of Human Services - Office of the Inspector General

1/1/2002

The Michigan Department of Human Services - Office of the Inspector General, is a criminal justice agency by definition and is allowed full access to LEIN.


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Policy

Historical Notes

Wednesday, June 04, 2014 Page 1 of 46

Michigan Department of Human Services - Child and Adult Protection Enforcement

2/1/2006

MCL 28.214 states that MSP shall:(i) Ensure access to information obtained by a federal, state, or local governmental agency to administer criminal justice or enforce any law.(ii) Ensure access to information provided by the Law Enforcement Information Network or the Automated Fingerprint Identification System by a governmental agency engaged in the enforcement of child support laws, child protection laws, or vulnerable adult protection laws. The CJIS Policy Council approved LEIN access to the DHS for this purpose, including: - Michigan Criminal History records using purpose code 52:M/ (Michigan only; no NCIC III access).- LEIN/SOS/CMIS records.The Adam Walsh Act gives the Department of Human Services access to NCIC and NCIC III information for investigation into abuse or neglect complaints.


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Policy

Historical Notes

Private Security Police with Powers of Arrest

1/1/2002

Private Security Police Agencies meeting the powers of arrest and training requirements of Sections 29, 30 and 31 of Public Act No. 330 of 1968, MCL 338.1081 as amended, and upon proper application, may be allowed access to the LEIN system, using purpose code 52:E (Michigan conviction/non-conviction only CHRs).

LEIN Operations Manual; MCL 338.1081as amended

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Policy

Historical Notes


Public Housing Agencies

3/28/1996

Public Law (Pub. L.) 104-120, the Housing Opportunity Program Extension Act of 1996, requires law enforcement agencies to "upon request, provide information to public housing agencies regarding the criminal conviction records of adult applicants for, or tenants of, public housing for the purposes of applicant screening, lease enforcement, and eviction."LEIN/NCIC inquiries must be made using a new purpose code of H (52:H), with the ORI assigned in LEIN/NCIC for the local Public Housing Agency (PHA). If a PHA requests LEIN information and does not have an ORI assigned, deny the request and inform PHA to submit a written request for an ORI to the below address with a copy of their request to their regional HUD office:Michigan Department of State Police, Criminal Justice Information Center, LEIN Field Services, P.O. Box 30634, Lansing, MI 48909.

The PHA ORI will be assigned to a specific terminal agency. This agency will use the PHA ORI to make a QH inquiry only, using the name and personal descriptors with Purpose Code H/(52:H/), followed by the specific reason for the request.After review, the terminal agency will then inform PHA of the probable existence or nonexistence of a criminal history record in LEIN/NCIC. However, to obtain a copy of any LEIN/NCIC criminal history record(s), the PHA must submit fingerprint cards on the applicant. A state applicant fingerprint card (RI-8) must be submitted to receive a copy of a Michigan CHR and a federal fingerprint card (FD-258) is submitted for NCIC CHRs. State and federal cards must be fully completed and submitted to the below address along with the processing fees of $30 for the state print and $19.25 for the federal print: Michigan Department of State Police, Criminal Justice Information Center, Identification Section, P.O. Box 30634, Lansing, MI 48909.


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Policy

Historical Notes

Michigan Department of Natural Resources - Law Enforcement Division

1/1/2002

The Michigan Department of Natural Resources - Law Enforcement Division, is a criminal justice agency by definition and is entitled to full access to LEIN.


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Policy

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CHR Checks - Employees of a Criminal Justice Agency

1/1/2002

Access to LEIN is granted for employment in criminal justice agencies and the screening of employees of other agencies over which the criminal justice agency is required to have management control. These checks must be followed up with fingerprints.


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Policy

Historical Notes

DNR - State Park Officers

1/1/2002

State Park and Forest Officers, pursuant to Act 451, P.A. 1994 (MCL 324.1606 and MCL 324.83107), may receive LEIN access. However, CHRs and LEIN record entries must be made through the DNR District Headquarters, Law Enforcement Division.

Act 451, P.A. 1994 (MCL 324.1606 and MCL 324.83107)

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Policy

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Mobile Device ORIs

8/25/2011

Agencies accessing criminal history information on mobile devices must utilize a single ORI assigned to that agency. Agencies previously assigned a specific mobile device ORI (e.g. MIXXXXXM1, MIXXXXXZZ, MIXXXXB1) may continue to utilize them if the agency’s information technology system requires it in order to comply with the Michigan and/or CJIS Security policies.

If an agency wishes to discontinue use of a M1, ZZ, or BB ORI, please contact the LEIN Field Services Unit to disable unnecessary ORIs.

Approved CSO Agencies using mobile devices to access criminal history information must utilize a single ORI on all similar mobile devices. The ORI does not have to be specific to only that type of device. For instance, an agency's main ORI may be used on a Blackberry, as long as all Blackberries in the agency use that same ORI.

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Policy

Historical Notes


Adoption, Custody, and/or Support of Children

10/1/1985

Any established criminal justice agency that has as part of its responsibilities, matters of adoption, custody and/or support of children, may access LEIN for investigative information that includes CHRs as a component of carrying out its duties. Said inquiries may not be disseminated beyond the original intent of the inquiry and shall not become part of the court file. Effective February 10, 1986, these inquiries must be made using purpose code "M." Any misuse, personal use, or dissemination would be improper use, and would subject the agency and individuals to established sanctions.

LEIN Operations Manual; LEIN Policy Council Action

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Policy

Historical Notes

CCW Licensing Board

7/1/2001

MCL 28.425b, Sec. 6 requires the sheriff to verify specified licensing requirements through LEIN and report findings to the concealed weapon licensing board. The report which the sheriff provides to the licensing board may include the reason for the requirements not being met, but the actual LEIN printout shall not be provided, per the LEIN Administrative Rules. An example would be the sheriff verifying a personal protection order on the applicant and then reporting to the licensing board that the applicant does not meet the requirements based on the order. The report may include the name of the issuing court.


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Licensing - State Government

7/30/1990

Pursuant to the Governor’s Executive Order 1990-10, authorized persons within an administrative agency of state government who are responsible for the enforcement and compliance with state regulated occupational or professional licenses or certificates may have CHRI using purpose code of 52:M. This provides Michigan-only, conviction and nonconviction data.

LEIN Operations Manual; This policy applies only to state licensing. Local government licensing was addressed specifically by the CJIS Policy Council.

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Policy

Historical Notes


Parking Enforcement

1/1/2002

Code enforcement employees that do not work for a criminal justice agency are not entitled to LEIN access prior to a default on the parking violation. An employee of a criminal justice agency, such as a Parking Enforcement Officer working for the police department, has direct access to LEIN/SOS information. Parking ticket registration information requests by noncriminal justice agencies (such as the City Treasurer) which are a follow-up to a criminal justice action may be considered to be reasonable requests.


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Policy

Historical Notes

Schools

2/1/2006

MCL 28.214, Sec. 4 (1)(iv) authorizes a public or private school superintendent, principal, or assistant principal to receive vehicle registration information, of a vehicle within 1,000 feet of school property, obtained through the law enforcement information network by a law enforcement agency. This includes elementary and secondary schools only to identify non-school related people whose presence might threaten the well-being of school children.Schools electing to utilize information obtained from the LEIN shall complete a LEIN School Use Agreement as required by LEIN Field Services and shall identify a single criminal justice agency which has agreed to perform LEIN transactions on their behalf.

MCL 28.214

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Policy

Historical Notes


Tribal Housing

1/3/1996

Pursuant to the Native American Housing Assistance and Self-Determination Act of 1996, Public Law 104-330, tribes or tribally designated housing entities (TDHE) are permitted to obtain criminal history records of current and prospective tenants of housing assisted with grants provided to such tribe/TDHE under this Act for purposes of applicant screening, lease enforcement, and eviction. To receive access, the tribe/TDHE must apply for an ORI with the FBI by contacting the Department of the Interior, Office of Law Enforcement and Security, ATTN: Mark Wallace, 1849 C Street NW, Room 7354, Washington, DC 20240. They will determine if they qualify and then forward it for the ORI number assignment to FBI CJIS Access Integrity Unit, Module E3, 1000, Custer Hollow Rd, Clarksburg, West Virginia 26306. Once the FBI notifies the tribe of their approval, the tribe/TDHE must complete an application with LEIN Field Services Section and be approved by the Michigan State Police to receive LEIN access.When a tribe/TDHE has obtained an ORI, the assigned law enforcement agency must use Purpose Code "H" and provide a "Yes" or "No" response to the tribe/TDHE. If the response indicates a criminal record, fingerprints must be submitted on the applicant to the Michigan Department of State Police, Criminal Records Division, for the tribe/TDHE to obtain any criminal history record from Michigan or the FBI.

LEIN Operations Manual;Public Law 104-330

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911 Centers with Governing Board

7/29/2009

The 911 Board may also appoint a Technical Advisory Committee that is to be composed of a majority of law enforcement representatives. The Technical Advisory Committee shall be the "governing body" of the dispatch for purposes of ensuring LEIN and NCIC compliance as described in R 28.5204. The Technical Advisory Committee shall be given management control over the LEIN and other information systems defined in the CJIS Administrative Rules. The 911 Board shall approve the Technical Advisory Committee's bylaws and prescribe additional duties and responsibilities to it in the 911 Board’s discretion and, except for LEIN and NCIC activities, its oversight.

CSO issued. R28.5204 refers to a LEIN Administrative Rule, which has now been repealed. The requirement for a Technical Advisory Committee still stands.

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Policy

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LEIN Access; Computer System; CSO Approval

6/30/2009

A computer system shall not have direct access to the LEIN without the prior approval of the CSO.

CJIS Administrative Rules 28.5201

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Policy

Historical Notes

Fire Departments

2/1/2006

Access to LEIN is allowed for an organized fire department chief or his or her designee for the purposes of:-Pre-employment background checks only allowing for:a) Michigan Criminal History Record, convictions only (PURPOSE code E).b) Michigan driving record. -Michigan vehicle registration information only for vehicles involved in a fire or hazardous materials incident. No further access is permitted. An agreement of access between the chief of the fire department and the head of the law enforcement agency shall be kept on file at the law enforcement agency.

CJIS Policy Council Act of 2006

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Policy Date

Policy

Historical Notes

Weighmaster Access to LEIN

4/19/2007

Weigh masters who are not under the direct management control of a criminal justice agency are permitted indirect access to Michigan hot files and SOS information when carrying out the mandates authorized by law. Weigh master offices electing to utilize information obtained from the LEIN shall execute a written procedure and management control agreement with the terminal agency providing its service.

Approved CJIS Policy Council; language updated December 20, 2010 by CSO.

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Policy

Historical Notes


Government Employment Background Checks through LEIN

4/20/2006

Noncriminal justice agencies that request access to criminal records information are approved as long as they use ICHAT. The Secretary of State will provide free driving record checks for government agencies through their Bureau of Driver and Vehicle Records.

Approved CJIS Policy Council. ICHAT is provided for free for government employment background checks.

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Policy

Historical Notes

LEIN Inquiries Required by Ordinance

7/25/2002

Agencies cannot use LEIN for background checks required by ordinance, or purposes other than administration of criminal justice.

Approved CJIS Policy Council

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Policy Date

Policy

Historical Notes

Unemployment Insurance Agency - Investigation Section

1/1/2002

The Unemployment Insurance Agency (UIA) - Investigation Section, is a criminal justice agency by definition and has full LEIN access. However, other offices/sections of the UIA are not permitted access.


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Policy

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Defense Attorneys - LEIN/NCIC Access

2/1/2006

The CJIS Policy Council Act provides that "The attorney general or his or her designee, a prosecuting attorney, or the court, in a criminal case, may disclose to the defendant or the defendant's attorney of record information pertaining to that defendant that was obtained from the law enforcement information system." Prosecuting attorneys are advised to resist court orders where the prosecuting attorney will not, for its own use, access LEIN/NCIC to obtain criminal history information about the defendant or witnesses. Prosecutors should direct the defense attorney to contact the department or NCIC for guidance on how to properly address orders for production from state or national files.

CJIS Policy Council Act

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Policy

Historical Notes

CHR Checks - Security of Prisons

1/1/2002

Access to LEIN is granted for maintaining the security of prison facilities to include, for example, record checks necessary to screen visitors, approve mail lists, and authorize vendors’ access to facilities.

LEIN Operations Manual; Note - routine record checks on personnel and random checks of visitors at noncriminal justice facilities such as airports, shipyards, military installations, and most government buildings are not considered to be within the administration of criminal justice.

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Policy

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Definition of Management Control

7/29/2009

Management control is defined as the authority to set and enforce (1) priorities; 2) standards for the selection, supervision and termination of personnel; and (3) policy governing the operation of computers, circuits and telecommunications workstations used to process, store, or transmit record information and guarantee the priority service needed by the criminal justice community.

Management control includes, but is not limited to, the supervision of equipment, systems design, programming and operating procedures necessary for the development and implementation of the CJIS Network.

CSO issued

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Policy

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Gaming

1/1/2002

Employees of a casino can only be checked using purpose code M, and only a clear/no clear response can be released.


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Policy

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Animal Control Officers

1/1/2002

Animal control officers have access to information from LEIN when they are under the direct jurisdiction and management control of the criminal justice agency.


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Policy

Historical Notes


City and Township Attorneys

1/1/2002

City and township attorneys may have access to LEIN for purposes of criminal prosecution. Local units of government may contract with a private attorney to function in the role of prosecutor. The prosecutor must have an ORI. If a private attorney is utilized as a municipal prosecutor, the ORI should be assigned to the local unit of government and not to a private attorney.


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Policy

Historical Notes

Child Watch Programs

10/18/1991

Community Child Watch Programs, such as McGruff House, are authorized to obtain an initial background check on persons applying to be a "safe house" for children using purpose code M (Michigan-only). Agencies are urged to follow up with fingerprints to establish identity.

PA 127 of 1991

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Policy

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Michigan Department of Community Health - Office of Substance Abuse Services

1/1/2002

The Office of Substance Abuse Services, Michigan Department of Community Health, may access LEIN as part of a screening and assessment process, mandated by the Michigan Drunk Driving Law (S.B. 702), ONLY if the assessment person or agency designated by the Office of Substance Abuse Services is a criminal justice agency (such as a Court Probation Office).


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Policy

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City Ordinance Checks

7/25/2002

Municipalities are advised to use ICHAT for criminal record background checks required by ordinance and are no longer permitted to use LEIN.

CJIS Policy Council

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Policy Date

Policy

Historical Notes

Reporting of LEIN Violations

1/1/2002

All agencies are required to report all known noncompliance issues and violations of LEIN policy to LEIN Field Services.

Terminal Agency Coordinator (TAC) Manual

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Policy

Historical Notes

Secondary Dissemination

Secondary dissemination of criminal history information obtained from LEIN/NCIC occurs when the information is distributed beyond the original requesting agency. Agencies are required to have a policy and procedure for recording secondary dissemination of criminal history information. Documentation must include the name of the receiving agency (must be an authorized recipient of LEIN/NCIC information), the date of dissemination and the name of the person it was given to. Secondary dissemination to the Prosecutor and Courts may be recorded in a case file. Documentation must be maintained for a minimum of one year. At no time should an unauthorized party be given, allowed to view, hear or otherwise access information obtained from LEIN/NCIC contained in a case file.

TAC Manual

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Policy

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Disposal of LEIN information

Information obtained from LEIN and/or NCIC shall be afforded security to prevent unauthorized access to or use of that data. Hard copies containing information obtained from LEIN and/or NCIC must be cross-cut shred or incinerated. Cross-cut shredders must be of a capacity to ensure total physical destruction and non-recoverability of any LEIN and/or NCIC information contained within a document.

LOM Section 1

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Policy

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CHR Documentation

11/1/1998

Every CHR inquiry must be supported by either paper or electronic documentation. Examples of acceptable paper documentation are an officer’s daily, incident report, civil infraction notice, receipts, or other normally generated paperwork. Electronic supporting documentation mayexist in a data base or any means that are retrievable for an audit validation. When an incident number is not available, it is acceptable to use the REMARKS (Scan Line 41:) to document an explanation that will lead tosupporting documentation. However, use of the REMARKS is not sufficient documentation in itself, and should only be used as a resource for an inquiry when a case number is not immediately available.

LOM Section 11-3

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Access to CJIS data

A) The CSO authorizes the CJIS user agency to approve individual CJIS data access for new employment and/or assignments, using the following criteria:

1. If a conviction for a crime punishable by more than one year exists, the hiring authority in the CJIS user agency shall deny CJIS data access. An employee with such a conviction is exempt from this denial if the conviction and the employment occurred prior to March 1, 2001, and the person has maintained continuous employment with the hiring agency since that time. 2. If a conviction for the misuse of CJIS data exists, the CJIS user agency shall deny direct access to CJIS data.3. If a record of any other kind exists, CJIS data access shall not be granted or allowed to continue until the CJIS user agency reviews the matter to determine if CJIS data access is appropriate. 4. If the CSO or the CJIS user agency determines that CJIS data access by the person would not be in the public interest, access shall be denied.

B) Support personnel, contractors, and custodial workers who access physically secure locations or controlled areas shall be subject to a state of residency and national fingerprint-based record check, unless these individuals are escorted by authorized personnel at all times.

C) The CJIS user agency may ask for a review by the CSO in extenuating circumstances where the severity of the offense and the time that has passed would support a possible variance.

Policy Topic

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Policy

Historical Notes

School Crossing Guards, School Lunch Room Personnel; Youth League Coaches

9/20/2010

A LEIN check cannot be run on persons such as school crossing guards, lunch room personnel, youth league coaches, or other persons associated with a school. If a person is employed by the school district, they must be fingerprinted under the school employment law. If a person is employed by another agency, or volunteers with the schools, he or she must be fingerprinted under the applicable laws. Crossing guards who are employed by a police department may be background checked as employees of that department.

CSO issued

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Policy

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Queries on Self

2/1/2006

Personal use of LEIN is forbidden by statute and policy. Queries on yourself are considered to be personal use. Test records are available and published in the LEIN Operations Manual to ensure that LEIN is up and functioning.

MCL 28.214 Sec. 4. Queries on yourself are considered to be personal use.

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Policy

Historical Notes

Administration of LEIN Certification Exam

1/1/2002

The LEIN Certification exam is administered by the LEIN Terminal Agency Coordinator (TAC). The certification/reaffirmation tests are provided by LEIN Field Services.- Test administration will be at the discretion of the agency. To alleviate unnecessary burdens for the agency the TAC may administer the test in a manner which would best fit the needs of the agency.- A seventy percent passing grade shall be attained by all operators. However, the agency may elect a more stringent pass/fail qualification for certification.- Section I of the test pertains to inquiries and shall be administered to all operators.- Section II of the test pertains to updates (entries, modifications, supplementals and cancellations) and shall be administered in addition to Section I to all operators.

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Policy

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Hit Confirmation

1/1/2002

When an agency receives a positive response from the LEIN or NCIC, an immediate follow-up with the agency that originated the record is necessary to confirm that the data is accurate and still outstanding. Likewise, the originating agency has an obligation to promptly reply to the inquiring agency with confirmation and other pertinent details requested. However, warrants entered directly by the court are valid and do not need confirmation. The law enforcement ORI of the record must be contacted to confirm the bond and pickup information only for an in-state request. The law enforcement ORI will be contacted for confirmation by an out-of-state agency receiving a hit on a court entered record.


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Policy

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CHR Checks - Immigration Laws

1/1/2002

Access to LEIN is granted for matters involving a violation of U.S. immigration laws including both criminal matters that can lead to criminal charges and administrative action that can lead to deportation.

LEIN Operations Manual; Note - Background checks such as those leading to eligibility for citizenship or parenting of foreign children are not considered to be within the administration of criminal justice.

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Policy

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Criminal History Query for Purchase of a Suppressor

2/28/2012

As a silencer is considered to be a firearm under federal law, agencies may run a purpose code F query on a person who presents an application to purchase one. Documentation regarding the request is required by LEIN audit standards.

CSO issued

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Policy

Historical Notes


Documentation of LEIN Certified Operators

1/1/2002

The Terminal Agency Coordinator (TAC) is required to maintain a listing of the operators that have been certified and reaffirmed in LEIN. The LEIN Operations Manual, Section 1.14 outlines the process for entering operators and reaffirming them through LEIN.


Policy Topic

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Policy

Historical Notes

Interface Service Provider Accountability

10/29/2010

An Interface Service Provider is responsible for ensuring that any current or proposed subscriber agency has received the proper authorization from LEIN Field Services for every connection to directly access the LEIN system. Unauthorized connections by an Interface Service Provider, which allow direct access to the LEIN system, shall be processed as a violation and subject the Interface Service Provider to the CJIS Sanctions Policy. An Interface Service Provider will have 30 days to correct the unauthorized connection, or the connection will be terminated by LEIN Field Services. An unauthorized connection may be corrected by (1) submitting required documentation and obtaining approval as required by LEIN Field Services, or (2) removing the unauthorized connection.

CSO issued

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Policy

Historical Notes

Assignment and Use of ORI

4/11/2011

Each agency authorized to access or view LEIN information is required to obtain an ORI from the Department. Inquiries into LEIN must be run under the ORI of the agency requesting the information. Dispatch centers may use either the requesting agency's ORI or their assigned ORI to perform hot-file inquiries on behalf of a requesting agency if the means and procedures are in place to provide an audit trail for the current specified retention period.

Policy Topic

Policy Date

Policy

Historical Notes


Friend of the Court Access

3/31/2011

The Friend of the Court (FOC) is permitted indirect access to Michigan hot files and Michigan SOS information when carrying out legal mandates associated with child support laws. The FOC is permitted access to Michigan only criminal history information (Purpose Code M) for purposes of child placement. FOC offices electing to utilize information obtained from the LEIN shall complete an application and LEIN User Agreement as required by the LEIN Field Services Section and receive approval by the CJIS Systems Officer. During application, the FOC shall identify a single criminal justice agency which has agreed to act as the FOC’s terminal agency. Once approved, the FOC ORI will be duplicated to the specified agency’s station for use upon request. The terminal agency shall utilize the FOC’s assigned ORI for all LEIN transactions requested by the FOC.

Those FOC offices receiving information from the LEIN under the previous policy requiring deputizing by the sheriff may continue receiving information from the LEIN in this capacity until October 1, 2011, at which time the FOC office must submit an application and a LEIN User Agreement to the LEIN Field Services Section for approval by the CJIS Systems Officer, in accordance with the above policy.

CSO approval

Policy Topic

Policy Date

Policy

Historical Notes

Policy Type Audit

Michigan Locate on Wanted Person Records

1/1/2002

When a subject is picked up on a court-entered warrant and has posted bond the locating agency may place a locate on this record, causing a cancellation of the record in LEIN.


Policy Topic

Policy Date

Policy

Historical Notes


Documentation of CHR

11/1/1998

Every CHR inquiry must be supported by either paper or electronic documentation. Examples of acceptable paper documentation are an officer’s daily, incident report, civil infraction notice, receipts, or other normally generated paperwork. Electronic supporting documentation may exist in a data base or any means that are retrievable for an audit validation.

When an incident number is not available, it is acceptable to use the REMARKS (Scan Line 41:) to document an explanation that will lead to supporting documentation. However, use of the REMARKS is not sufficient documentation in itself, and should only be used as a resource for an inquiry when a case number is not immediately available.

Issued by LEIN Field Services November 1998

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Policy

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Policy Type Best Practices

CHR Printout Retention

LEIN/NCIC printouts are not to be held indefinitely. FBI CJIS Security Policy states that a criminal history record may only be accessed for an authorized purpose. Once the information has been gleaned or the case has been closed, the printouts are to be destroyed in an appropriate manner. If more information is needed, another inquiry may be made. Refer to the FBI CJIS Security Policy 5.0, Sections 4.2.2.1, 4.2.3 and 5.8.3 and the LEIN Operations Manual, Section 1.5 for additional information.

LEIN Audit and Training Unit Recommendation

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Policy

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LEIN Violation Investigation Process

4/2/2002

Agencies shall submit reports of LEIN violations to MSP with the names included. Staff shall review the cases and make recommendations to the CSO. The case summary reported to the CSO, which also becomes part of the official file, would have the names redacted as is currently done. Upon closure by the CSO, the agency reports shall be returned to the agency. The CSO shall maintain the case summary, agency name, violation committed, discipline given, and action taken by the CSO. This shall become part of the CSO file and shall be retained permanently.

Policy Topic

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Policy

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Policy Type Definition

Information Not Stored in LEIN

1/1/2002

LEIN may also be used to access information not stored as part of LEIN and, therefore, is considered in these cases the transport layer for accessing and using a wide range of criminal justice and noncriminal justice information. That information is subject to all statutes and rules.


Policy Topic

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Policy

Historical Notes


Physical Security

1/1/2002

A "physically secure location" is a criminal justice facility, an area, a room, a group of rooms, or a police vehicle that is/are subject to criminal justice agency management control/security addendum and which contain hardware, software, and/or firmware (e.g., information system servers, controlled interface equipment, associated peripherals or communications equipment, wire closets, patch panels, etc.) that provide access to the LEIN network.

LEIN Operations Manual Section 1. See the Michigan and Federal CJIS Security Policies for more information on physical security.

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Policy

Historical Notes

Nonpublic Information

2/1/2006

Nonpublic information means information to which access, use, or dissemination is restricted by a law or rule of this state or the United States.

MCL.28.211a, Section 1a(b)

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Policy

Historical Notes

Governing Body

12/29/2009

A governing body may consist of an individual from a criminal justice agency or a group of individuals whose members include a majority of representatives from criminal justice agencies served by the agency, and has exclusive management control over the use of LEIN, NCIC, and other information systems defined in the CJIS Administrative Rules.

CSO issued

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Policy

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Policy Type Disclosure


Disclosure of NIC Number, SYSID Number, and/or VIN

8/2/2007

An agency may disseminate the NIC number obtained from NCIC, the SYSID number obtained from LEIN, and/or the VIN obtained from a record to a third party supporting law enforcement functions.


Policy Topic

Policy Date

Policy

Historical Notes

Release of Message Transactions - Criminal Justice Purpose

2/8/2007

A user agency's message transactions may be released to another user agency under any of the following conditions: a) Upon written request from a county, state, or federal prosecuting attorney who shall specify that the information required is for a valid criminal justice purpose; b) A search warrant or subpoena authorized by a judge; c) Upon approve of the agency which initiated the messages; d) The CJIS Systems Officer may release CJIS audit information to facilitate investigations of misuse.

CJIS Administrative Rules

Policy Topic

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Policy

Historical Notes

Release of Message Transactions - Noncriminal Justice Purposes

2/8/2007

A user agency's message transactions may be released for noncriminal justice purposes under either of the following circumstances: a) For employment related administrative hearings involving the misuse of CJIS information; b) Pursuant to a court order, in a civil proceeding where the misuse or accuracy of CJIS information is at issue; c) In either a) or b) the person requesting the information must agree to limit dissemination of CJIS information for the purposes of the hearing or civil action.

Approved by CJIS Policy Council to clarify and replace an administrative rule dealing with release of LEIN inquiries and responses.

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Policy

Historical Notes


Stolen Vehicles, Vehicle Parts, or Property

1/1/2002

A private person may receive verbal information as to whether or not a vehicle, a vehicle part, or other stolen property has been entered into either LEIN or NCIC files, if he or she appears at a law enforcement user agency, is properly identified, and satisfactorily explains to the user agency the purpose or need for the information

LEIN Operations Manual; previous CJIS Administrative Rule 28.5211

Policy Topic

Policy Date

Policy

Historical Notes

LEIN Information Over the Telephone

7/28/2005

LEIN information can be provided over the telephone if the requestor can meet two criteria. The agency must verify that the person on the phone is an on or off-duty criminal justice person authorized to receive data from LEIN. The agency must ascertain the purpose of the request and verify that it is not a personal use of LEIN. The agency is required to log all such requests.


Policy Topic

Policy Date

Policy

Historical Notes

Warrant Status

1/1/2002

A private person may receive verbal information as to whether or not a warrant ordering his or her arrest has been issued by a court and entered into either LEIN or NCIC files, if he or she appears in person at a law enforcement user agency and is properly identified.

LEIN Operations Manual; Previous CJIS Administrative Rule 28.5211

Policy Topic

Policy Date

Policy

Historical Notes

Policy Type Dissemination


FOI Requests to Local Agencies

1/1/2002

When a subpoena or Freedom of Information request is presented to an agency for LEIN/NCIC information, it should be immediately forwarded to the Freedom of Information Unit of the Michigan Department of State Police, P.O. Box 30634, Lansing, MI 48909.


Policy Topic

Policy Date

Policy

Historical Notes

Medical Marijuana License Information

10/13/2009

In accordance with the Medical Marijuana Act, an inquiry of the Michigan Medical Marijuana database can only be performed for a criminal justice purpose where the validity of the card is in question.

LEIN Operations Manual Section 5.18

Policy Topic

Policy Date

Policy

Historical Notes


CHR Data Dissemination

6/30/2009

Criminal history record information: user agency dissemination to private person prohibited; request from private person to review information; obtaining information by private person.(1) A user agency shall not disseminate criminal history record information received through the LEIN to a private person.(2) A private person may obtain public criminal history information about any person by accessing the Internet Criminal History Access Tool (ICHAT) and paying the required processing fee. ICHAT is located on the state of Michigan website at www.michigan.gov/ICHAT.(3) To ensure accurate criminal history record information, a private person may appear at a user agency and request that his or her fingerprints be taken on an applicant or noncriminal fingerprint card. The user agency shall return the card to the private person who may then forward the fingerprint card and a letter of request to the Criminal Justice Information Center of the department of state police. The Criminal Justice Information Center shall search its files and shall mail the criminal history record information associated with those fingerprints to the person making the request.

Previous CJIS Administrative Rule 58.2210

Policy Topic

Policy Date

Policy

Historical Notes

Cutting and Pasting of LEIN/NCIC Information

11/9/2009

There is no limitation on the cutting/copying and pasting of information obtained from the LEIN into other documents or applications. However, LEIN dissemination policies and Freedom of Information Act rules must be followed. Agencies must not provide information obtained from the LEIN to an unauthorized agency, entity, or person. Agencies must continue to remove or redact any and all information obtained from the LEIN prior to filling FOIA requests.

CJIS Systems Officer issued

Policy Topic

Policy Date

Policy

Historical Notes

Policy Type Entry


Missing Persons - Juveniles and Adults Under 21

4/7/2003

Missing persons under the age of 21 are required to be entered into LEIN/NCIC within 2 hours of receiving the minimum information required for entry. Entries must be made using the appropriate categories - Disability, Endangered, Involuntary, Juvenile, or Disaster Victim. Persons older than 18 but younger than 21 not fitting one of these categories shall be entered as Other.

LEIN Operations Manual 8; Suzanne's Law Title 42, Ch. 72, Subchaper IV, Sec. 5779(a)

Policy Topic

Policy Date

Policy

Historical Notes

Packing Person Records in LEIN

1/1/2002

LEIN/NCIC policy requires that all entries into LEIN/NCIC must be complete (i.e. all available personal identifier information added, "packed"). Identifier information is essential to identifying and apprehending the correct individual. Proper identification can avoid officer safety issues as well as liability issues.

A well "packed" warrant entry contains race, hair color, eye color, height, weight, drivers license number, social security number, SID number and FBI number. Every effort should be made to obtain this information, including performing an SOS/LEIN query, a criminal history inquiry using purpose code C and an inquiry of local/jail records.

The entering agency is responsible to enter all the identifier information available at the time of entry. Identifier information obtained after entry should be immediately added through the use of a supplemental/modify message.

LEIN Operations Manual Section 8

Policy Topic

Policy Date

Policy

Historical Notes


Impounded Vehicles

1/1/2002

Within 24 hours of removing a vehicle pursuant to MCL 257.252d, an entry must be made into either the Forfeited or Impounded Vehicle File of LEIN.

Policy Topic

Policy Date

Policy

Historical Notes

Warrant Entry - Entry of Warrants into NCIC

10/23/2003

It is recommended that agencies ensure all warrants are entered into NCIC, even if the agency is not willing to go out of state to pick up the suspect. Agencies entering a warrant into NCIC should set the Extradition Limits (EXL) field to the appropriate range.

(1) Before entering a wanted person record into the NCIC files, the user agency shall, to the maximum extent possible, determine if extradition will be authorized by the prosecuting attorney if the wanted individual is located in another state.(2) If a prosecuting attorney establishes limits on extradition to within a certain distance or from certain states, the limitations shall be defined and included when the record is entered into the NCIC files.

Policy Topic

Policy Date

Policy

Historical Notes

Missing Persons 21 & Over

1/1/2002

Missing Persons 21 & over shall be entered immediately into LEIN by the agency receiving the report, after conducting a preliminary investigation.

LEIN Operations Manual Section 8; Act 204, P.A. 1985, as amended

Policy Topic

Policy Date

Policy

Historical Notes


Timely Entry of Records By Law Enforcement or Central Dispatch

For LEIN to be an effective tool for the criminal justice community, records must be entered and cancelled in a timely manner. All court orders must meet the criteria specified in the Michigan Court Rules to be considered valid.

In accordance with CJIS Administrative Rule R 28.5402, all valid warrants must be entered into LEIN immediately after the warrant becomes valid, not to exceed 72 hours. Exceptions to the immediate entry of a specific warrant are limited to cases where the timing and circumstances of a planned arrest are critical to the investigation; or to cases where the immediate entry of a specific warrant would put an officer’s safety at risk (a greater officer safety risk than not entering the warrant). Agencies must be able to provide justification when taking advantage of one of the above exceptions.

Law enforcement agencies entering warrants must do so immediately upon receipt of the warrant from the court, not to exceed 72 hours. Exceptions to immediate warrant entry are limited to those noted above.

The CJIS Administrative Rule, R 28.5402, states: (1)An agency shall immediately enter all records into LEIN, NCIC, AFIS, or other information systems after becoming aware of the need to do so, except in cases where immediate entry may jeopardize a criminal investigation. (2)All record entries shall be made pursuant to the procedures provided by the department. (3)Courts may enter records with mutual agreement of all agencies involved.

Policy Topic

Policy Date

Policy

Historical Notes


Timely Entry of Records by Courts

For LEIN to be an effective tool for the criminal justice community, records must be entered and cancelled in a timely manner. All court orders must meet the criteria specified in the Michigan Court Rules to be considered valid.

In accordance with CJIS Administrative Rule R 28.5402, all valid warrants must be entered into LEIN immediately after the warrant becomes valid, not to exceed 72 hours. Exceptions to the immediate entry of a specific warrant are limited to cases where the timing and circumstances of a planned arrest are critical to the investigation; or to cases where the immediate entry of a specific warrant would put an officer’s safety at risk (a greater officer safety risk than not entering the warrant). Agencies must be able to provide justification when taking advantage of one of the above exceptions.Courts that enter warrants must do so immediately after the warrant becomes valid, not to exceed 72 hours. Exceptions to immediate warrant entry are limited to those noted above.

While not required to "pack" warrants, courts that enter warrants are required to enter all personal identifier information in their possession at the time of warrant entry.

Court-entered warrants promote more timely and accurate records in LEIN by eliminating the need for manual notification to law enforcement.

Policy Topic

Policy Date

Policy

Historical Notes

Packing Vehicle Records in LEIN/NCIC

1/1/2002

LEIN/NCIC policy requires that all stolen vehicle entries into LEIN/NCIC must be complete (i.e. all available identification information added, "packed"). Identifier information is essential to identifying and recovering the correct vehicle. Proper identification can avoid officer safety issues as well as liability issues.

While owner information is not required in the entry, the added information does help to complete the record. In the event of an insurance company payout, the insurance company becomes the owner of the vehicle/complainant, requiring the agency to update the owner information on the stolen vehicle record.

Policy Topic

Policy Date

Policy

Historical Notes


Regional Communications Systems; Maintenance of Active Records File

6/30/2009

(1) A regional communications system that is authorized to enter records into the LEIN files or NCIC files, or both, for multiple member agencies shall maintain separate, active records for each agency serviced.(2) If a member agency that participates in a regional communications system has access to the LEIN via another terminal located within its own department in addition to the terminals or terminals at the regional communications system, the member agency shall select 1 location, either the agency location or the communications center, that shall enter and maintain the records of that agency.

Previous CJIS Administrative Rule: 28.5408

Policy Topic

Policy Date

Policy

Historical Notes

Policy Type ORI Assignment

Cities and Townships; ORI Assignment

6/30/2009

A city or township that requires an elected or appointed constable to perform both statutory criminal and civil duties is eligible for an ORI assignment if the constable satisfies all of the following criteria: (a) Complies with the minimum employment standards as established by the law enforcement training council pursuant to section 9 of Act No. 203 of the Public Acts of 1965, as amended, being 28.609 of the Michigan Compiled Laws. (b) Has unrestricted arrest powers of a peace officer as defined in section 15 of Act No. 84 of the Public Acts of 1935, as amended, being 764.15 of the Michigan Compiled Laws. (c) Is employed by the city or township as a full-time peace officer.


Policy Topic

Policy Date

Policy

Historical Notes

Policy Type Policy


LEIN/NCIC Documentation Retention of Printouts

1/1/2000

The LEIN/NCIC printout should be retained for as long as there remains any possibility that the defendant will challenge the arrest, search, or other law enforcement action taken because of the information contained on the printout. The printout should be retained until all possible levels of appeal are exhausted or the possibility of a civil suit is no longer anticipated.

NCIC 2000 Manual

Policy Topic

Policy Date

Policy

Historical Notes

Policy Type Record Entry

Warrants or Orders for Arrest of a Member of the Military Forces Charged with Desertion or Absence Without Leave; Entry into LEIN Prohibited

6/30/2009

A warrant or any other order which is issued by a branch of the United States military services and which directs the arrest of a member of the military forces who is charged with desertion or absence without authorized leave, AWOL, shall not be entered into the LEIN computer files. It is the responsibility of the military service concerned to enter such warrants or orders into the NCIC computer files through specific federal terminals designated for this purpose.


Policy Topic

Policy Date

Policy

Historical Notes

Policy Type Record Validation


LEIN Record Validation Programs; Records Listing; Data Comparison; Cancellation or Removal of Inaccurate or Invalid Records; Written Certification of Record's Accuracy and Validity; Retention of Current Validation Listing; Failure to Comply with Validation and Certification Requirements; Validation Time Extension.

6/30/2009

(1) A LEIN user agency that enters records into the LEIN and NCIC files shall participate in the LEIN record validation programs. (2) LEIN Field Services shall periodically prepare a listing of each record entered into the LEIN and NCIC files and shall make available the listing to the entering agency. The entering agency shall do all of the following: (a) For each record that appears in the listing, the entering agency shall compare the data in the LEIN/NCIC record with the information in its case files to verify that the data is valid and accurate. (b) Determine from the complainant (if possible) or court if the record information is still current and valid. (c) Take the necessary steps to immediately modify, cancel or remove a record from the LEIN/NCIC which is determined to be inaccurate or invalid. A non-terminal agency shall ensure that when a record is no longer valid it is promptly cancelled by the agency's servicing terminal. (d) Certify the validation through LEIN. (e) Retain the most current copy of each validation listing for one year plus the current year.(3) A user agency that fails to comply with the validation and certification requirements within the prescribed time period shall have its records removed from the LEIN and NCIC files.(4) A user agency that requires more than 45 days to validate its records shall submit a written request to the CJIS Systems Officer (CSO) for a reasonable time extension. The CSO shall grant such extensions when warranted.


Policy Topic

Policy Date

Policy

Historical Notes

Policy Type Retention


Records Retention Periods

6/30/2009

A record shall be automatically purged from the computerized files of the LEIN or NCIC, or both, when the maximum retention period, as indicated in the following, has been exceeded:(a) An unrecovered stolen vehicle record that does not include a vehicle identification number shall be retained for 90 days after entry.(b) An unrecovered felony vehicle record shall be retained for 90 days after entry.(c) An unrecovered stolen vehicle record that contains a vehicle identification number and a stolen vehicle part record shall be retained for the year of entry plus 4 years.(d) An unrecovered stolen license plate record, whether or not associated with a stolen vehicle, shall be retained for 90 days after the license plate has expired.(e) A non-expiring license plate record shall be retained for the year of entry plus 4 years.(f) An unrecovered stolen or missing gun record shall be retained indefinitely or until action is taken by the originating agency to cancel it.(g) A recovered gun record shall be retained for the year of entry plus 2 years.(h) An unrecovered stolen, embezzled, counterfeited, or missing securities record, other than a traveler's check or a money order, shall be retained for the year of entry plus 4 years.(i) A stolen or missing traveler's check or money order record shall be retained for the year of entry plus 2 years.(j) An unrecovered stolen boat record shall be retained for the year of entry plus 4 years.(k) An unrecovered stolen article record shall be retained for the year of entry plus 1 year.(l) A warrant record shall be retained indefinitely unless cancelled by the entering agency.(m) A felony record that is entered before the issuance of a warrant by a court shall be retained for 48 hours from the time of entry.(n) A missing person record, other than a juvenile missing person record, shall be retained indefinitely.(o) A juvenile missing person record shall be retained until the juvenile has reached the age of 17 years.

Previous CJIS administrative rule

Policy Topic

Policy Date

Policy

Historical Notes


Out-of-state License Plate Data; Purge Procedures

6/30/2009

Out-of-state license plate information that is included on a LEIN wanted or missing person or vehicle record entry shall be purged in accordance with either of the following:(a) One year after the license plate has expired.(b) When requested by the state of registry, either directly or through NCIC.


Policy Topic

Policy Date

Policy

Historical Notes

Retention of LEIN Use Complaint Files

1/14/2010

Closed LEIN Use Complaint files shall be retained for the current year plus four (4) years. If litigation is pending and LEIN Field Services Section is notified, the closed report shall be retained indefinitely.

Policy Topic

Policy Date

Policy

Historical Notes

Policy Type Sanctions


Sanctions Policy

1/13/1998

Step 1: Notice of the alleged violation is sent to the Agency Head. If the agency head is accused of the alleged violation, notice of the violation will be sent to the Executive Officer of the unit of government, unless the head is an elected official. A response to the CSO must be received A) within 45 days with the proposed resolution or status of the investigation and B) any violation must be corrected with documentation to the CSO’s satisfaction within 90 days from the date the notice is sent or Step 2 will be initiated.

If an elected official does not respond within the 90-day timeline, the official will be put on notice that, if a response is not received within 30 days, the agency will move to Step 4 of the sanctions process.

Step 2: Notice of delinquency is sent to the Agency Head and the entity having budgetary authority over the unit of government. Any requests for additional LEIN access will be held in abeyance. If no compliance is documented within 30 days, Step 3 will be initiated.

Step 3: Access to LEIN will be limited; Computerized Criminal History inquiries and Administrative Messages will be denied. Notice of delinquency and the denial is sent to the Agency Head, the Executive Officer of the unit of government, the Prosecuting Attorney, and the Chief Judges of the Circuit and District Courts and serviced agencies. If no compliance is documented within 30 days, the matter will be referred to the CSO for initiation of Step 4.

Step 4: The agency shall no longer be permitted to participate in the LEIN. All LEIN access will be removed. The agency shall remain responsible for any unpaid LEIN fees due to this date.

The agency shall not be approved access and can only be reinstated after review and approval by the CJIS System Officer (CSO). The agency may institute a non-terminal user agreement with another agency, but this shall be limited to inquiry capabilities only and excludes access to the criminal history, NCIC III files, and NLETS.

NOTE: Extension to respond to the progressive sanction process may be authorized by the CSO, or its designee, if circumstances warrant such action.

Approved: January 13, 1998Amended: July 15, 1999Amended: November 22, 2005Amended: August 3, 2006, to add specific instructions when the agency head is the violator. Amended: October 3, 2008, to reflect abolishment of CJIS Policy Council

Policy Topic

Policy Date

Policy

Historical Notes


Policy Type Security

Destruction of Documents and Media; Shredding

8/20/2010

Information obtained from LEIN and/or NCIC shall be afforded security to prevent unauthorized access to or use of that data. Hard copies containing information obtained from LEIN and/or NCIC must be cross-cut shred or incinerated. Cross-cut shredders must be of a capacity to ensure total physical destruction and non-recoverability of any LEIN and/or NCIC information contained within a document.

Issued CJIS Systems Officer; Michigan Addendum to the FBI CJIS Security Policy

Policy Topic

Policy Date

Policy

Historical Notes

Identification

1/1/2002

Each person who is authorized to store, process, and/or transmit information on a Michigan CJIS system shall be uniquely identified by use of a unique identifier. LEIN user agencies shall require users to identify themselves uniquely before the user is allowed to perform any actions on the system. LEIN user agencies shall ensure that all user IDs belong to currently authorized users. Identification data shall be kept current by adding new users and disabling former users.

LEIN Operations Manual Section 1. See the Michigan and Federal CJIS Security Policies for more information on identification.

Policy Topic

Policy Date

Policy

Historical Notes

Point of Contact (POC)

1/1/2002

Non-terminal agencies must have a Point of Contact (POC) in place of having a Terminal Agency Coordinator (TAC). Like the TAC, the POC is the liaison with LEIN Field Services and is responsible for compliance with access, training and dissemination requirements. Non-terminal agencies can list their POCs and POC telephone numbers as TACs in their LEIN agency information by contacting LEIN Field Services.

Policy Topic

Policy Date

Policy

Historical Notes


Operator and Requestor Field

1/1/2002

An agency or a computer system interfaced to LEIN shall establish adequate physical security measures to protect against any unauthorized personnel gaining access to LEIN data. To ensure that LEIN and NCIC data is properly used and/or disseminated and to facilitate audit and investigative functions, LEIN policy requires that the LEIN operator's name (55:) and the name of the requester and the identity of his/her agency (56:), be included on all LEIN and NCIC inquiries.


Policy Topic

Policy Date

Policy

Historical Notes

Personnel Screening

1/1/2002

Personnel authorized to operate terminals or any other equipment which accesses LEIN shall be thoroughly screened. Such screening shall also apply to noncriminal justice maintenance or technical personnel which have access to such equipment. For disqualifiers from employment, consult the Michigan Addendum to the FBI CJIS Security Policy.

LEIN Operations Manual Section 1. See the Michigan Addendum and Federal CJIS Security Policy for more information.

Policy Topic

Policy Date

Policy

Historical Notes

Encryption

1/1/2002

All criminal justice information transmitted outside the boundaries of the secure facility shall be immediately protected with a minimum of 128 bit encryption.

See the FBI CJIS Security Policy for more information on encryption.

Policy Topic

Policy Date

Policy

Historical Notes


Computer Security

1/1/2002

Computers and any other equipment which is authorized access to LEIN/NCIC shall be placed in physically secure locations within the authorized agency.


Policy Topic

Policy Date

Policy

Historical Notes

CJIS Security Policy

1/1/2002

All agencies with access to CJIS data provided via the Michigan State Police shall abide by current federal CJIS Security Policy.

Michigan Addendum to CJIS Security Policy

Policy Topic

Policy Date

Policy

Historical Notes

Fax (facsimile) Use

1/1/2002

When transmitting CJIS data via a facsimile (FAX) machine, the sender shall notify the intended recipient prior to the transmission. CJIS data shall only be sent when it is confirmed that the intended recipient is immediately available to receive the information.

Updated to reflect language used in Michigan Addendum to the FBI CJIS Security Policy.

Policy Topic

Policy Date

Policy

Historical Notes


Local Area Security Officer (LASO)

1/1/2002

Each computer interfaced agency shall establish an information security structure that provides for a Local Agency Security Officer (LASO). The LASO shall ensure and oversee the management of encryption between the LEIN user agency and their users, and shall be a Point of Contact (POC) in the event of an attempted security breach of the LEIN network. Refer to the FBI CJIS Security Policy for more information on the LASO's role.


Policy Topic

Policy Date

Policy

Historical Notes

Passwords

7/28/2005

Passwords shall be a minimum of 8 characters on all systems by September 30, 2010. Passwords shall not be a dictionary word or a proper name. Passwords and the User ID shall not be the same. Passwords must be changed at a maximum every 90 days. All systems procured after September 30, 2005, shall prevent password re-use of the last ten (10) passwords. Passwords shall not be transmitted in the clear outside the secure domain.

Approved CJIS Policy Council. Edited to remove "on systems procured after September 30, 2005" from the minimum character provision as the stricter requirement covers that provision.

Policy Topic

Policy Date

Policy

Historical Notes

Visitors

1/1/2002

All visitors to the LEIN computer center or to computer systems interfaced to LEIN shall be escorted by authorized personnel at all times. A visitor is defined as any individual who is not authorized unescorted access to a physically secure location and whose documented record of entry into the physically secure location could not adversely impact new or ongoing investigations (e.g. confidential informants, witnesses, victims, etc.).

LEIN Operations Manual Section 1; Michigan Addendum to the FBI CJIS Security Policy

Policy Topic

Policy Date

Policy

Historical Notes


Policy Type Service Request

LEIN Access; Application; Changes, Additions, or Corrections; Processing

6/30/2009

(1) An application for access to LEIN shall be made on a form prescribed by the CSO and shall be filed with the CSO. The application shall indicate if the request is for direct access or non-direct access to LEIN.(2) An applicant shall answer all questions on the application truthfully and shall not misrepresent any material fact on the application.(3) Changes, additions, or corrections to the original application, including, but not limited to, changes in business address or officers shall be filed with the CSO within 10 days after the changes are made.

CJIS Administrative Rules, 28.5201

Policy Topic

Policy Date

Policy

Historical Notes

Agencies Participating in LEIN; Change in Status

6/30/2009

The CSO shall be notified in writing in advance of any proposed changes in the status of an agency participating, or approved for participation, in the LEIN. Continued participation in the LEIN is subject to review of the new status by the CSO to determine if all eligibility requirements are met. Changes in status include, but are not limited to, all of the following situations:(a) A single jurisdiction LEIN user planning to join a regional communications system.(b) A change in the management structure of a criminal justice computer system or a regional communications system.(c) A change in the management structure of a noncriminal justice computer system or data center which services criminal justice agencies.(d) A noncriminal justice computer system or data center planning to discontinue or alter service to a criminal justice agency.

Previous CJIS Administrative Rule: 28.5206. Change in status also includes the addition of a new type of device accessing LEIN, such as MDTs.

Policy Topic

Policy Date

Policy

Historical Notes

Policy Type Standards


Second Party Checks

1/1/2002

The accuracy of a record entered into LEIN/NCIC must be verified by a second party. Agencies lacking support staff for this verification should require the case officer to check the accuracy of the record. The verification of a record should assure that all available crosschecks, e.g., VIN/LIC, were made and that the data in the LEIN/NCIC record match the data in the investigative report. The second party check shall be completed within 48 hours (excluding weekends and holidays) of the entry of the record in LEIN/NCIC.


Policy Topic

Policy Date

Policy

Historical Notes

Validation - Responsibilities of Agency Heads

1/1/2002

Agency heads shall:1. Ensure that validation is accomplished forthwith. Validation obliges the entering agency to confirm the record is complete, accurate, and still outstanding or active. Validation is accomplished by reviewing the original entry and current support documents, and by recent consultation with any appropriate complainant, victim prosecutor, court, motor vehicle registry files or other appropriate source or individual. In the event the agency is unsuccessful in its attempts to contact the victim, complainant, etc., the entering authority must make a determination based on the best information and knowledge available whether or not to retain the original entry in the file.2. Assign a specific supervisor or Terminal Agency Coordinator (TAC) to assume responsibility for the validation processes. Upon receiving validation lists, it is absolutely necessary that each terminal agency check thoroughly to be certain that their entries are active and current.3. Establish good administrative check procedures within your department to insure that entries and cancellations are properly made.4. Wherever possible, maintain warrant and vehicle files in a location easily accessible to your LEIN operator.5. Confirm all hits with the entering jurisdiction.6. Ensure that terminals are operated by thoroughly trained, competent personnel.7. The completed validation reports must be retained from the most current year plus one (maximum 24 months total). These reports may be used in the LEIN audit process, and must be available to the LEIN auditor for review.

LEIN Operations Manual; Proper validation procedures are laid out in the LEIN Operations Manual Section 1.16

Policy Topic

Policy Date

Policy

Historical Notes


TAC Required Training

1/1/2002

All agency TACs are required to complete a Basic LEIN Terminal Agency Coordinator (TAC) class and attend TAC updates every two years.


Policy Topic

Policy Date

Policy

Historical Notes

Appointment of a Terminal Agency Coordinator (TAC); TAC Responsibilities

1/1/2002

Each agency that directly accesses LEIN shall appoint a terminal agency coordinator, or TAC. The TAC is responsible for ensuring compliance with LEIN and NCIC policy and regulations including validation requirements. The TAC shall also ensure that the necessary physical, personnel, computer, and communications safeguards prescribed by the Michigan State Police are functioning properly. TAC responsibilities include:-Serve as primary liaison with the LEIN Field Services staff.-Ensure system integrity with regard to security, access and dissemination of LEIN/NCIC information.-Coordinate training and operator proficiency testing to ensure compliance with LEIN/ NCIC standards.-Maintain and update the LEIN and NCIC Operations and Code Manuals.-Ensure compliance with monthly LEIN/NCIC record validation.-Coordinate the LEIN audit with the Security and Access Section.-Establish communications channels with courts, prosecutors and other criminal justice agencies.-Attend all applicable LEIN/NCIC training, i.e., Update, TAC schools, etc.


Policy Topic

Policy Date

Policy

Historical Notes


Change in TAC

1/1/2002

An agency shall notify LEIN Field Services upon appointment, change, or correction of a named individual to the Terminal Agency Coordinator (TAC) position. See the LEIN Operations Manual Section 1 for instructions on TAC submissions through LEIN.


Policy Topic

Policy Date

Policy

Historical Notes

Policy Type Use

Proper Administrative and Broadcast Use - Prohibited Messages

1/1/2002

Broadcast messages not identified elsewhere are prohibited from dissemination.


Policy Topic

Policy Date

Policy

Historical Notes

Proper Administrative and Broadcast Use - Mandatory Broadcasts

1/1/2002

The following situations warrant mandatory GBDC:- Shooting and aggravated assaults on police officers with subject at large (these incidents should be broadcast even with little or no identifying data, and without delay).- Tornado watches and warnings.- Serious flood conditions.All requests for GBDC and ALTR messages shall be forwarded to the MSP Operations Center at MI3300100.


Policy Topic

Policy Date

Policy

Historical Notes


Proper Administrative and Broadcast Use - Optional Broadcasts

1/1/2002

The following may be broadcast (optional) via GBDC:- Felonies involving an armed or believed armed fugitive(s) with adequate physical description, vehicle description, and/or license plate number with statewide implications for apprehension or safety of officers or the public.- Escapes from custody, when considered dangerous (prisons, jails, mental institutions, officer custody, etc.).- Out-of-state "WANTEDS" meeting the above criteria and accompanied by an open, extraditable warrant.- Messages requesting investigative leads when unusual modus operandi incidents are experienced or when crime patterns are locally recognized which may have statewide impact.- Messages concerning property recovered which are considered to be unusual either by description or quantity.


Policy Topic

Policy Date

Policy

Historical Notes

Proper Administrative and Broadcast Use - Limited Broadcasts

1/1/2002

The following limited area broadcasts may be used:- Training Announcements - Agencies are limited to broadcasting announcements of training classes to a maximum of 6 broadcast areas (one message) per training seminar. If you need this to be sent to a larger area, please send a request through MSP Operations, MI3300100. It is recommended that all training messages be sent to [email protected] for additional dissemination.- Death Notices - Agencies are allowed to broadcast death and funeral arrangements of members within the criminal justice community.


Policy Topic

Policy Date

Policy

Historical Notes


Locate

1/1/2000

An agency that apprehends or locates a person who is indexed in the NCIC Wanted Person files is required to place a locate on the record after confirmation of the record is made, provided that the locating agency is within the extradition limits set by the entering agency.

NCIC Policy

Policy Topic

Policy Date

Policy

Historical Notes


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